IANAL, but.... you only need consent if it isn't required for your business to function. If you need to track to maintain your trademark, couldn't you argue any business with a trademark needs to track users?

I'm sure it wouldn't work in a real court, but it sounds funny in my head.

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cantalopes 6 days ago | parent [-]

You still need a consent

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freehorse 6 days ago | parent [-]

If it is based on legitimate interest, under gdpr you don't.

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layer8 6 days ago | parent | next [-]

You are required to inform the affected users, however.

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aforwardslash 6 days ago | parent | prev [-]

Legitimate interest of the user, not yours. Rule of thumb, if its not a legal requirement, you need consent.

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d1sxeyes 6 days ago | parent [-]

That’s not true. From the law as written:

> legitimate interests pursued by the controller or by a third party…

There are six lawful bases for processing, consent is only one of them.

	▲	aforwardslash 6 days ago \| parent [-]
		"legitimate interests" are subject to interpretation on purpose; either legitimate interests on a given instance are lawful, or you're better off relying on consent, since your interpretation and the regulator's interpretation may be different. Check page 7 of https://www.edpb.europa.eu/system/files/2024-10/edpb_guideli...